Archive for the ‘Forms & Contracts’ Category

• Domain Name Transfer Agreement

  Date: 2011.02.22 | Category: Domain Names, Forms & Contracts | Response: 0

  Domain Name Transfer Agreement

  For most people, buying and selling domain names is a fundamental income provider for their business model, as such, you should ensure that when buying or selling domain names you should have a legal contract to assist in the transfer of sale.Domain Name Transfer Agreement.

  This Agreement is made on the Day of 2001 between:

  (1) [Your name and address goes here]. (hereafter referred to as the assignor) and;

  (2) [The buyers name and address goes here]. (hereafter referred to as the assignee).

  RECITALS:

  (a) The parties have been in discussion concerning the transfer to the assignee of the registration of the designations ‘[full domain name goes here]’ and ‘[further domain name goes here]’ (whether in lower or upper case) hereafter referred to as (the “domain names”) as website addresses on the internet.

  (b) The parties wish to reach a mutually acceptable arrangement in relation to such discussions.

  Now therefore, in consideration of the parties’ mutual covenants and undertaking, the adequacy and sufficiency of which are acknowledged, the parties agree as follows:

  1. The assignor hereby agrees to assign, and/or cause to be assigned, to the assignee the domain names. The assignor shall do such things and execute such documents as reasonably requested by the assignee at the assignees expense to perfect such assignment and shall comply with the standard requirements of [insert domain name registrar here] as in force at the time of this agreement.

  2. In consideration of the parties mutual obligations under this agreement the assignee agrees to pay the assignor the sum of $$ [Amount in words goes here] [currency goes here, Dollars, Sterling Etc] immediately following notification that all of the domain names within this agreement have been recorded at the relevant registries as in the ownership of the assignee thereby evidencing the transfer of the domain names to the assignee.

  3. The assignor, whether through himself, any alias and/or his servants or agents shall immediately cease and desist from and shall not resume using the domain names or any other designation whether a trade or service mark, trading name or domain name that contains words colourably similar to that of the assignee.

  4. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks.

  5. The assignor further agrees that he shall not, directly or indirectly, individually, through any alias, or in conjunction with any person, firm or corporation, apply to register any trade mark, service mark and/or any other word or words colourably similar to any such trade names or marks, cause enable or assist any third party to do the same.

  6. The assignor represents and warrants that it has not, directly or indirectly, through any alias or in association with any other person or entity, filed, reserved, received or granted a transfer of license of any domain name that contains the trade marks or any word or words confusingly similar thereto in any country or federal, local government, region or state authority, or with [insert domain name registrar here], or any other internet registration agency. The assignor covenants that it will not, whether through himself, any alias, through his servants and/or agents undertake any such registration, filing, or reservation or cause or assist any such registration, filing, or reservation to be made, by itself, or in connection with any other person or entity.

  7. The assignor represents and warrants to the best of its actual knowledge, as of the date of its execution of this agreement, that:

  (a) The assignee has the right to dispose of the domain names;

  (b) The assignor has not received notice of any existing or threatened claims or proceedings by any third party other than the assignee relating to the assignors use of the domain names;

  (c) The assignor has not received notice that the domain names are subject to any outstanding order, decree, judgment, stipulation, written restriction, undertaking or agreement that would prevent the assignor complying with this agreement;

  (d) The domain names are not subject to any lien, charge, security interest, mortgage, third party interest or other encumbrances;

  (e) The assignor has not granted any licenses to or authorized any third parties (including any affiliate of the assignee) to use the domain names or any other confusingly similar domain names; and

  (f) The assignor, does not own directly or indirectly through any alias, third party or likewise any other domain name containing words similar to that of the assignees.

  8. Each of the parties hereto warrants and represents that the person (s) executing this agreement on its behalf has full authority to execute this agreement and bind it as a party to this agreement.

  9. The terms and conditions of this agreement shall be maintained in confidence. No party may disclose such terms and conditions to any third parties other than to the attorneys, accountants, officers or members of the boar of directors of the assignee or assignor or otherwise without the express written permission of the other party.

  10. This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, clients, licensees, representative, successors, predecessors, and assigns. In this agreement words denoting persons shall include bodies corporate and unincorporated associations of persons and vice versa.

  11.This agreement incorporated herein constitutes the entire agreement of the parties. It may be modified only in writing signed by both parties. This agreement may be executed in one or more counterparts, all of which shall constitute a binding agreement when one or more counterparts have been signed by each of the parties.

  12. This agreement shall be construed in accordance with the laws of the [Your country goes here, United Kingdom, United States, Etc], and the parties hereto submit to the non-exclusive jurisdiction of the courts of the [Your country goes here, United Kingdom, United States, Etc].

  13. Both parties acknowledge that if either party violates all or part of this agreement the other party may seek legal remedies to restrain any further violation of this agreement and in such a case, the violating party will be wholly liable for the cost of any such order.

  Signed by: ……………………………….. Date: ………………………..

  For and on Behalf of [Your company / legal name].

  Signed by: ……………………………….. Date: ………………………..

  For and on Behalf of [Buyers company / Legal name].

  Article written by Lee

• Writing A Business Plan – The First Step To Success

  Date: 2011.02.21 | Category: Forms & Contracts, Writing | Response: 0

  Regardless of what type of business you want to run be it a bakery, a funeral home or an online marketing empire the one thing that you will require is a business plan however, having never taken any business basics 101 classes what do you need to have and, what is required in your business plan?

  That is what we will touch on in this brief article from the basics to the not-so-basics by using a few simple steps you can be sure your business plan will contain all the information you need to make it up the ladder of success.

  Information Summary.
  
  As the name suggest this is a simple summary of what you are hoping to achieve from the name of your business, the goals, the concept and your plans. This should actually be no longer than two pages so that you can fill the needed information out clearly and concisely.

  Business Details.
  
  This will be the founding information of your business again you need to mention your business name, what type of business you will be running (Sole Trader, Partnership, Corporation, etc) in addition you will also need to include details of who the company owners are, whether it be yourself alone or a list of your business partners, this information will be invaluable to you at a later date you also need to include a brief history of the business whether you have been running it already for a number of days, weeks, month or, years.

  Products And Services.
  
  Basically, you need to write what exactly it is you will be selling. Are you going to be selling baked goods, marketing services or custom solutions. Keep this section simple, if you need to go into depth then do so at the end of your business plan by way of an appendices. Once you have listed several of the products or services you will be selling you should also list the features and benefits (Marketing points) of the products and services in addition, why do you think your business idea will succeed, what do you offer your clients that no-one else currently does? In addition you also need to have a basic pricing structure planned out, this will assist you in the future as, from your initial plans you can see what, if anything needs to be changed.

  Marketing.
  
  A business is more than just an idea. You need to have good pricing, affordable suppliers and a great marketing plan. This is what is also needed in your overall business plan. You should include details of your competitors products and how they compare to your own or, if applicable why your product will be a benefit to the market place should it not already be readily available. In addition the marketing section of your business plan should include a list of advantages as well as some of the pitfalls you are likely to see. You also need to include a section detailing your specific marketing strategies regarding your overall and individual products and services.

  Industry Economics.
  
  This area should detail some of the more specific areas of the industry you are going to be working in for example, what type of industry are you entering, how does the future for this industry look and, more importantly, how many existing companies work this industry as well as how do you successfully launch yourself into the industry. Parts of this area you may have covered in the marketing and previous section non the less, go over them again here in more detail.

  Target Market.
  
  We have detailed the business ideas and products and services but, what about your potential clients? What does your product offer then that they need which no other company does? What is your target client base? How will you reach your customers? All of this and more needs to be addressed in this area of your business plan.

  Competing Companies.
  
  What do your competitors do and, more importantly, who are they? Make a list of your potential competitors and address their weaknesses and strengths ensure that you leave no stone unturned when getting this information together often, you will realize that there are things your competition is doing that you can do much better then they.

  Don’t forget to address their marketing, what are they doing right and, more importantly to you, what are they doing wrong? How can you capitalize on this and make their errors benefit your long term business plans.

  Location, Location, Location.
  
  Location is everything and, this is particularly true in business for example, will you be working from an office, from your home or even your garage, do you require any special permits to operate your business? Can your customers reach you easily? All of these items and more need to be considered when writing this area of your business plan. By addressing any and all of these items you will find yourself with a much clearer picture of what is needed of you and your business.

  Stock + Supplies.
  
  Often overlooked in business plans the one thing you NEED to have is a list of potential suppliers and sub-contractors who can provide you with your products and services. What materials (if any) do you need? How much will these cost you? Where will you find your stock and supplies? By getting this information available now you will have a better idea once your business plan is laid out as to what you are able to offer easily and also it will enable you to lay your pricing structure out more concisely.

  Labor.
  
  So you have this great business idea all laid out but, who will be running this for you? Do you need additional staff or are you going it alone? Do you need to setup accountants, lawyers, insurance companies, consultants, bank accounts etc etc? All of these aspects of your business need to be laid out here.

  Capital.
  
  Money, as they say, makes the world go round. Your business is no different, how much financial outlay do you require to get your business off the ground? Do you need to ask for a loan from your banking facility to help you out? How much income are you planning on making within the next 6 to 12 months? How much of this income needs to be invested back into the business? All of these ‘financial’ question need to be answered in this area of your business plan only then will you begin to see the bigger picture of your business idea.

  Hopefully this article has given you some solid advice and information regarding planning for your new business and, once you have all of the above laid out you should be able to see whether you will succeed or fail in your new idea.

  Also, by planning now for the future of your business you should hopefully be able to avoid any hidden costs which can often push a company to the edge.

  Article written by Lee

• Basic Bookkeeping For Adult Webmasters

  Date: 2011.02.21 | Category: Forms & Contracts | Response: 0

  Knowing how much you are spending on expenses for your online enterprise each month can be a very powerful tool. Taking out that shoe box at the end of the year and giving it to the Accountant is one way. But a very simple bookkeeping system can provide you with exactly how much you made each month after all expenses. In this article I will provide you with the knowledge to setup a simple system to track your revenues and expenses. Not only will you then know exactly what your Net Income or Loss is each month but at the end of the year you will have a nice neat little package to hand your Accountant. Which will result in lower accounting fees at tax time.

  The first thing you need to do is find a way to file all receipts. Your receipts are the backup for all your transactions. Go to your local office supply store and buy an accordion file labeled with monthly slots. Each time you receive a business related receipt, file in correct month. Remember you need to file all your receipts for your numbers to be accurate. When you receive an email receipt for content or hosting print it out and file it. File sponsor cheque stubs, credit card receipts, ISP bill, etc. At the end of each month take out all your receipts and divide into revenue and expenses. Remember you must have a receipt in order to claim the expense. The receipt should show the detail of the purchase, vendor, amounts and date. Ensure that the expenses are needed or used to generate revenue for your business.

  Now the next step depends on how much detail you would like.
  Revenue-Expenses=Net Income or Loss. For a quick snapshot of the month add up the revenue receipts, staple all receipts together and put the total on the front either adding machine tape or handwritten. Repeat with all your expense receipts. You can put a quick summary of the month in a spreadsheet program. Or for a very small investment you can setup a computerized tracking system. I recommend buying a very inexpensive software such as Quicken. Most major banks, credit cards and even paypal are setup to download transactions to Quicken. You can purchase the Personal Finance version of Quicken for around $70. There are several other inexpensive personal finance software packages that you can purchase that will work as just well. But I personally prefer Quicken. The software you choose will have a list of business accounts already setup. For an adult enterprise you will need to customize the account names. This is very easy and quick to do. Add in accounts for content purchase, hosting, isp, traffic purchase, etc.

  Once a week you will open up your program download your transactions from your bank account, credit card, paypal etc. If you have an expense that you pay cash for you will need to add that transaction in. I am assuming that all your sponsor cheques are being deposited into a bank account or paypal. If you receive a check and cash it, manually add the transaction in. After you have finished entering your transactions for the week ensure that the receipts that you have balance to what you have entered in the software.

  You will be amazed at how simple it is to use a software package such as Quicken to track your revenue and expenses. These software packages come with pre-made report tools. Such as income statement, analysis of expenditures, cash flow projections. You can even setup budget numbers for your business.

  If your business consists of a lot of transactions in a month you might want to consider using a bookkeeping/accounting service. There are many online and locally owned businesses that charge a very low rate for doing small business bookkeeping. Remember you don’t need an Accountant to do general bookkeeping. Many small business owners think they need an Accountant to do the monthly bookkeeping. This could result in unnecessary fees. Depending on the size of your enterprise and your passion for numbers sometimes employing a bookkeeper to do the data entry can be a blessing! Most bookkeeping providers will even provide customized reporting based on your needs.

  Article written by Lorna

• Sample Adult Model Release Form

  Date: 2011.02.21 | Category: Forms & Contracts | Response: 0

  For many webmasters the option of being able to shoot their own content is a wholly viable one as such, you should ensure that the models you are using sign a suitable release form. Below we have set together a pretty industry standard model release form which you may duplicate if you so wish. European Webmasters would however, recommend that you get professional legal advice in respect of this matter and that this is no substitution for proper legal advice.

  I, (Please Print) ____________________ (Model), for good and valuable consideration, the receipt of which is acknowledged, give to [INSERT YOUR LEGAL NAME HERE] (Photographer), his legal representatives, successors, and all persons or corporations acting with his permission, unrestricted permission to copyright and/or use, and/or publish photographic portraits or pictures of me, and the negatives, transparencies, prints, or digital information pertaining to them, in still, single, multiple, moving or video format, or in which I may be included in whole or in part, or composite, or distorted in form, or reproductions thereof, in color or otherwise, made through any media in his studio or elsewhere for art, or any other lawful purpose.

  I hereby waive any right that I may have to inspect and approve the finished product or copy that may be used in connection with an image that the Photographer has taken of me, or the use to which it may be applied.

  I further release the Photographer, or others for whom he is acting, from any claims for remuneration associated with any form of damage, foreseen or unforeseen, associated with the proper commercial or artistic use of these images unless it can be shown that said reproduction was maliciously caused, produced and published for the sole purpose of subjecting me to conspicuous ridicule, scandal, reproach, scorn and indignity.

  I acknowledge that the photography session was conducted in a completely proper and highly professional manner, and this release was willingly signed at its termination.

  I certify that I am not a minor under the laws where I live, and am free and able to give such consent.

  Model’s signature:_________________________ day___/month___/year_____ Address:___________________________________ City:______________________________________ State/Province:______________________________ Country:___________________________________
  Zip/Postal Code:_____________________________
  Country area code and home telephone number:(______)____________________________
  Witness (non family member):___________________________________
  Witness (non family member):___________________________________
  This form will be retained with the negatives, transparencies, digital media, and/or contact sheets. day___/month___/year_____ {INSERT YOUR LEGAL NAME HERE}.

  The above model release form is to be used as a mere example form and, when entering into any contractual agreement with any model for photographic / video work you should always seek proper legal advice.

  Article written by Lee.